Terms and Conditions
- Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Quality Wood Floors with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
- Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Site.
- Quality Wood Floors Service. Quality Wood Floors provides users with an opportunity to search for and purchase products and services as it relates to flooring and related goods (“Quality Wood Floors Services”), as offered by Quality Wood Floors affiliated third-party operators and/or locations (the “Quality Wood Floors Service Providers”). To apply for Quality Wood Floors Services as offered by the Quality Wood Floors Service Providers, you must fully complete the applicable registration forms located at the Site (“Registration Forms”). The information that you must supply on the Registration Forms includes, but is not limited to: 1) your first name; 2) last name; 2) complete mailing address; 3) email address; and 4) home telephone number (collectively, the “Registration Data”). Upon submitting your Registration Data, Quality Wood Floors will transfer such Registration Data to the applicable Quality Wood Floors Service Providers in connection with facilitating your request for the applicable Quality Wood Floors Services.
The Quality Wood Floors Service Providers may require additional information from you in order to complete the applicable transaction. The ultimate terms and conditions of any product or service provided by one of the Quality Wood Floors Service Providers, as applicable, will be determined by that entity. You agree to provide true, accurate, current and complete Registration Data. Quality Wood Floors and the applicable Quality Wood Floors Service Providers each have the right to reject any Registration Data where it is determined, in the sole and exclusive discretion of Quality Wood Floors and the applicable Quality Wood Floors Service Providers, that: 1) you are in breach of the Agreement; and/or 2) the Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. Quality Wood Floors and the applicable Quality Wood Floors Service Providers each may change the Registration Data criteria at any time, in their sole discretion.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Quality Wood Floors is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for Quality Wood Floors sponsored products and/or services including, but not limited to, any flooring-related product, service and/or membership. You understand and agree that Quality Wood Floors shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service and/or promotion offered by any Quality Wood Floors Service Providers. If Quality Wood Floors terminates the Agreement for any of the reasons set forth in the Agreement, Quality Wood Floors shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Quality Wood Floors.
- License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Quality Wood Floors may terminate this license at any time for any reason. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Quality Wood Floors related information from the Site or property except as expressly permitted by Quality Wood Floors. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Quality Wood Floors reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Quality Wood Floors infrastructure. Your right to use the Site is not transferable.
- Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by Quality Wood Floors does not constitute a waiver of any right in such information and/or materials.
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information, offers and/or other content appearing on the Site or any site associated with Quality Wood Floors, at any time and without any notice.
- Indemnification. You agree to indemnify and hold Quality Wood Floors, its Quality Wood Floors Service Providers, parents, subsidiaries and affiliates, and each of their respective shareholders, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Quality Wood Floors Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Quality Wood Floors, its Quality Wood Floors Service Providers, its parents, subsidiaries and/or affiliates, and each of their respective shareholders, officers, directors, members, employees, agents, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Disclaimer of Warranties. LIMITED WARRANTY AND DISCLAIMER OF FULL WARRANTY: Quality Wood Floor, Inc., is a re-seller of commercial products that have been designed and manufactured by other producers. If a warranty is offered by a particular producer for a specific product, the term(s) of such warranty are disclosed on or contained inside the packaging that contains such products; and Quality Wood Floors, Inc., will furnish for inspection a duplicate copy of such product warranty information to a purchaser upon request. Quality Wood Floors, Inc., expressly disclaims all warranty liability, both express and implied, including any implied warranty of merchantability or warranty for fitness for a particular purpose, with respect to any product designed or manufactured by any person or entity other than Quality Wood Floors, Inc. Quality Wood Floors, Inc., neither assumes or accepts, and prohibits any other person to assume or accept for Quality Wood Floors, Inc., any liability in connection with the sale of any product, material or device, or concerning the installation of any product, material or device, sold by Quality Wood Floors, Inc. Quality Wood Floors, Inc., shall not be liable to any purchaser for any consequential economic damages, or damages attributed to: physical damage to real or personal property, monetary damage(s) for loss of use, loss of time or delay, loss of profit(s), loss of income, or incidental damage(s) of any kind. As provided for by A.R.S. § 47-2316 B., there are no warranties by Quality Wood Floors, Inc., that extend beyond the description on the face of a product and on or inside its packaging, and Quality Wood Floors, Inc., excludes the implied warranty of merchantability.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Quality Wood Floors SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Quality Wood Floors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE Quality Wood Floors SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR Quality Wood Floors SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE; (B) ANY DISPUTE ASSOCIATED WITH ANY Quality Wood Floors SERVICE PROVIDER; (C) ANY INJURY STEMMING FROM THE PRODUCTS LOCATED AT ANY Quality Wood Floors SERVICE PROVIDER’S BUSINESS LOCATION; (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (G) ANY OTHER MATTER RELATING TO THE SITE, THE Quality Wood Floors SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR Quality Wood Floors SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Quality Wood Floors AND ALL OF OUR Quality Wood Floors SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Quality Wood Floors TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THREE HUNDRED DOLLARS ($300). YOU HEREBY RELEASE Quality Wood Floors FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Quality Wood Floors. THE SITE, THE Quality Wood Floors SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR Quality Wood Floors SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
- Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources. Because Quality Wood Floors has no control over such third party websites and/or resources, you hereby acknowledge and agree that Quality Wood Floors is not responsible for the availability of such third party websites and/or resources. Furthermore, Quality Wood Floors does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
- Legal Warning. Any attempt by any individual, whether or not a Quality Wood Floors customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Quality Wood Floors will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
- Miscellaneous. The Agreement shall be treated as though it were executed and performed in Phoenix, Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, or the breach of same, you agree to submit the dispute for resolution by arbitration before the American Arbitration Association in Arizona, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall include a written summary and shall be final and conclusive and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Quality Wood Floors and governs your use of the Site and/or any Quality Wood Floors Services, superseding any and all prior and/or contemporaneous agreements between you and Quality Wood Floors. To the extent that anything in or associated with the Site and/or any Quality Wood Floors offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
- Contact US. If you have any questions regarding the Agreement, or would like more information from us, please send your request to:
Quality Wood Floors
2222 West Parkside Lane #101
Phoenix, Arizona 85027
Or contact us via email at support [at] qualitywoodfloorsinc.com.
Copyright © 2015 Quality Wood Floors. All Rights Reserved.